# C_2008268EN.01003301.xml

| 23.10.2008 | EN | Official Journal of the European Union | C 268/33 |
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23.10.2008

EN

Official Journal of the European Union

C 268/33

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Prior notification of a concentration

(Case COMP/M.5345 — Terex Corporation/Fantuzzi Group)

(Text with EEA relevance)

(2008/C 268/09)

| 1. | On 15 October 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which Terex Corporation (‘Terex’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Fantuzzi Group (‘Fantuzzi’, Luxembourg/Italy) by way of purchase of shares. |
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1.

On 15 October 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which Terex Corporation (‘Terex’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Fantuzzi Group (‘Fantuzzi’, Luxembourg/Italy) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for Fantuzzi: container handling equipment, |
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2.

The business activities of the undertakings concerned are:

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for Fantuzzi: container handling equipment,

| — | for Terex: manufacture of a broad range of capital equipment for the construction, infrastructure development, quarrying, recycling, including container handling equipment. |
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for Terex: manufacture of a broad range of capital equipment for the construction, infrastructure development, quarrying, recycling, including container handling equipment.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5345 — Terex Corporation/Fantuzzi Group, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5345 — Terex Corporation/Fantuzzi Group, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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